Probable Cause, Search And Seizure

11 Pages 2671 Words

e to search or seize any smuggled goods. The writs of assistance were very vague and had no reasonable justification for search at all. Countless cases existed involving the unjust seizures of items and unreasonable searches. The need for privacy in one’s own home and for a law against unjust search and seizure not only contributed to the colonists’ strive toward independence, but was largely reflected upon during the composition of the fourth amendment (Albanese, 2001).
The Fourth Amendment does not clearly state what exactly the term probable cause means. Many members of the law enforcement community consider it to be a reasonable belief that a person or object is connected to criminal activity given the circumstances of the situation. The circumstances of a situation may widely vary depending on observations, factors from statements heard or just a strong link based on a common display of criminal-like behavior or appearance. Having a gut feeling or prejudice down not define probable cause. Probable cause must be more concrete and contain factors that would lead a reasonable person to believe that something, or someone, is connected to a crime.
Probable cause is an extremely important topic because it could decide whether someone has freedom or not. It is used to determine whether a search of someone’s property is necessary and it could establish whether or not further investigation is required. Probable cause is always needed to take any sort of action. Lacking sufficient cause or having no cause defies the principles set forth which guarantees us the fair rights we have fought for. Probable cause is another step in the check and balance system which prevents injustices from existing.
Probable cause is not a simple thing to safely establish. It is always judged by the totality of circumstances (Garland & Stuckey, 2000). There cannot be one deciding main factor. Law enforcement officers and, most importantly, judges look at...